Both Mike and his cousin, Derek, work for two different branches of the same org

Question

Both Mike and his cousin, Derek, work for two different branches of the same organization. Both have the same level of experience in management. However, Mike earns more than Derek. Under the laws governing Fair Labor Standards Act (FLSA), which of the following will justify the organization’s decision to pay Mike more than Derek?

Multiple Choice

Mike works night shifts unlike Jake.

Derek is younger than Mike.

Mike is an American citizen.

Derek is physically disabled.

Derek is an alcohol addict.

Explanation / Answer

Under FLSA the organization can pay Mike more than Derek only based on the duties performed by Mike and cannot pay more based on any differences in age, nation, disabilities or alcohol usage which leads to discrimination in the workplace. Hence Mike can be paid more only if he works night shift as FLSA allow paying more to the employees based on the nature of the duty.

Hence the answer is first option; Mike works night shifts unlike Jake.

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